In his letter to the Common Council, Dan Kent said the Galvan Foundation was "withdrawing from proceeding further with the 75 North 7th Street Project." It seems that may not be entirely true.
Tonight, Charles Gottlieb, the land use attorney who is part of the Galvan team for this project, appeared before the Zoning Board of Appeals. He was there to appeal an interpretation of the city's zoning code made by code enforcement officer Craig Haigh.
The area in which the proposed project would be located is zoned G-C-T--General Commercial Transitional--but use was not the issue. There is no problem with a residential building being constructed in a G-C-T district. The issue had to do with setbacks and lot coverage, the stuff of area variances. According to Haigh's interpretation of the code, the project proposed for 75 North Seventh Street would require area variances. Gottlieb, on behalf of the Galvan Foundation, is appealing that determination. The ZBA must deliberate on the issue and uphold or overturn the judgment of the code enforcement officer.
The appeal will be taken up in a public hearing to take place on September 16, at which time Gottlieb will share a PowerPoint presentation elucidating the questions and his client's position. In the course of the discussion tonight, Gottlieb told the ZBA that Galvan was "now in discussion to see . . . what [the project] looks like without a PILOT, what no PILOT means for the project, and what can be developed on the site." He noted that a judgment on the question of area variances "is not tied to a particular project." He also said the project had not been withdrawn from review by the Planning Board.
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